The District Consumer Disputes Redressal Commission-II, Jaipur, comprising President Ashok Sharma and Members Ajay Kumar and Supriya Agarwal, has held PepsiCo India Holdings Pvt. Ltd. liable in a case involving allegations that a packet of Lay's potato chips contained only 4 grams of chips against the declared net weight of 15 grams, while dismissing the complaint against Metro Cash & Carry India Pvt. Ltd.

Facts:

The complainant, Chandraman Jalan, proprietor of M/s Jalan Building and Hardware Store, filed a consumer complaint against Metro Cash & Carry India Pvt. Ltd. and PepsiCo India Holdings Pvt. Ltd. before the District Consumer Disputes Redressal Commission-II, Jaipur, Rajasthan.

The complainant stated that on November 10, 2020, he purchased various food items from Metro Cash & Carry India Pvt. Ltd. for serving guests at his residence. The purchased items included a packet of Lay's potato chips manufactured by PepsiCo India Holdings Pvt. Ltd., for which an invoice was issued on the same date.

According to the complainant, while serving the chips to his guests, he noticed that the packet felt unusually light. Upon weighing its contents, he allegedly found that the packet contained only 4 grams of chips instead of the declared net weight of 15 grams.

The complainant raised the issue with Metro Cash & Carry India Pvt. Ltd., but alleged that the company did not address his grievance appropriately. Consequently, he filed the consumer complaint on April 6, 2022, alleging deficiency in service and unfair trade practices.

Metro Cash & Carry India Pvt. Ltd. contested the complaint, arguing that any shortage in the quantity of chips could have occurred during the manufacturing process and that the manufacturer should be held responsible for such a defect.

PepsiCo India Holdings Pvt. Ltd. did not appear despite service of notice, and the proceedings against it continued ex parte.

Observations and Decision:

The Commission considered the complainant's evidence, including the purchase invoice, and his allegation that the Lay's potato chips packet contained only 4 grams of chips against the declared net weight of 15 grams. The Commission noted that PepsiCo India Holdings Pvt. Ltd. had failed to appear despite service of notice and that the proceedings against it had continued ex parte.

The Commission dismissed the complaint against Metro Cash & Carry India Pvt. Ltd. and allowed the complaint against PepsiCo India Holdings Pvt. Ltd.

The Commission directed PepsiCo to refund ₹5, being the purchase price of the chips packet, with interest at 6% per annum from April 6, 2022, the date of filing the complaint, until payment. It further directed PepsiCo to pay ₹5,000 as compensation for mental harassment and ₹3,000 towards litigation costs within one month from the date of the order. In the event of non-payment within the stipulated period, the amount of ₹8,000 towards compensation and litigation costs would carry interest at 6% per annum from the date of the order until payment.

Appearances:

1. Ms. Meenakshi Agrawal, Learned Counsel for the Complainant.
2. Mr. Naveed Rafiq, Learned Counsel for Opposite Party No. 1.